SHUBHAM RAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Sec. 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested on 7/5/2023 in connection with Crime No.28/2022 registered at Police Station Jamgaon (R), Durg for the offence punishable under Ss. 363, 366 (a), 376 and 376 (2) (n) of the IPC and Ss. 4 and 6 of the POCSO Act, 2012.

(2.) Allegation against the accused/applicant is that, he abducted the minor prosecutrix from the lawful guardianship and committed rape with her several times, due to which, she got pregnant.

(3.) Learned counsel for the applicant submits that applicant is innocent and he has falsely implicated in the crime in question. He further submits that prosecutrix and applicant have peacefully married to each other 15/8/2022 and on the date of marriage the prosecutrix was major. He also submits that prosecutrix has been examined before the trial Court and she has not supported the case of the prosecution and clearly stated that she want to live with the husband and not want any action against the applicant. However, due to family pressure, false FIR has been lodged against the applicant. Even during the hearing of bail application before the Court below prosecutrix did not raised any objection however, her mother has raised objection for granting bail. He also submits that the applicant is languishing in jail and conclusion of the trial is likely to take some more time. He also submits that the applicant would abide by all terms and conditions imposed on him while granting bail. Therefore, he may be released on bail.